Guidance on the implementation of social responsibility for third party e-commerce trading platform industry
Some standard content:
ICS03.100.01
National Standard of the People's Republic of China
GB/T39626—2020
Guidance on the implementation of social responsibilityfor third party e-commerce trading platform industry2020-12-14Release
State Administration for Market Regulation
Standardization Administration of the People's Republic of China
Release
2020-12-14Implementation
GB/T39626—2020
Foreword
Introduction
Scope
Normative references
Terms and definitions
General principles
General basic standards for social responsibility||tt| |General Practice Methods for Social Responsibility
Basic Characteristics of Platform Social Responsibility
Platform Stakeholders
5 Specific Issues of Platform Social Responsibility and Implementation Recommendations 5.1
General Principles
Specific Issues of Platform Social Responsibility
References
Foreword
This standard was drafted in accordance with the rules given in GB/T1.1-2009 GB/T39626—2020
Please note that some contents of this document may involve patents. The issuing organization of this document does not assume the responsibility for identifying these patents. This standard is proposed and coordinated by the China National Institute of Standardization. The drafting units of this standard are: China National Institute of Standardization, Responsibility World (Beijing) Management Consulting Co., Ltd., Fangyuan Mark Certification Group Co., Ltd., Huaxia Certification Center Co., Ltd., Beijing Zhongjianxie Certification Center Co., Ltd., Beijing Hyde International Certification Co., Ltd., and Beijing Defa Zhicheng Information Technology Co., Ltd.
The main drafters of this standard are: Chen Yuanqiao, Yin Gefei, Peng Xin, Liu Jianyi, Wang Haishan, Meng Jianjun, Wang Li, Xia Fang, Chen Weizheng, Sun Xun, Alamus.
GB/T39626—2020
Introduction
In the 21st century, e-commerce has gradually become an indispensable and important part of people's daily life, study and work, and has become a modern social lifestyle. Among them, as an e-commerce service basic platform that provides comprehensive services for enterprises and individuals to carry out online trading activities, the third-party e-commerce trading platform has developed into a new virtual network economic format and special economic industry. The third-party e-commerce trading platform is a specific information network service system. It provides web space, virtual business venues, transaction rules, transaction reports, information release and other comprehensive services for both parties or multiple parties in online commodity trading activities. It has various functions such as advertising, online exhibitions, virtual exhibitions, consultation and negotiation, online ordering, online payment, electronic accounts, service delivery, opinion solicitation, transaction management, etc. It is a highly standardized, safe, convenient, intensive, easily expandable and effective business development framework system, which can provide full-process services such as online transactions and management, integrating information flow, capital flow and logistics. By making full use of the advantages of the Internet without time and space restrictions, as well as perfect security guarantees and platform operation management mechanisms: it provides a public and unique online living environment and business operation space for the majority of platform merchants, consumers and platform operators, effectively realizes resource sharing, and forms a real business network society. The birth and development of third-party e-commerce trading platforms have brought both positive and negative effects to the development of the economy, society and environment. Positive effects include (but not limited to): helping small and medium-sized enterprises and even individuals to start their own businesses, independently market at a very low cost, and achieve the commercial purpose of rapid profitability; promoting social employment; driving the economic growth of supporting industrial chains and related industries; providing consumers with more convenient services, promoting consumption, and thus promoting the development of social production. Negative impacts include (but are not limited to): some new social problems that exist in the electronic world with the emergence and development of the network society; the increasing and increasingly serious various new types of commercial disputes, commercial fraud cases, infringement of intellectual property rights and consumer privacy, counterfeit and shoddy products, etc.; the waste of resources and environmental impact caused by platform logistics packaging are particularly serious, etc.
In order to commit to sustainable development, as a socially and environmentally responsible enterprise, the third-party e-commerce trading platform and its related parties should actively fulfill their social responsibilities, effectively manage their impact on society and the environment, maximize positive impacts, avoid or minimize negative impacts, so as to promote the standardized, healthy and orderly development of the third-party e-commerce trading platform industry. In order to help third-party e-commerce trading platforms effectively carry out social responsibility practices, this standard provides further detailed guidelines for them when applying basic social responsibility national standards such as GB/T36000 "Guidelines for Social Responsibility", and focuses on the specific issues of social responsibility of third-party e-commerce trading platforms and their implementation suggestions. When applying this standard, enterprises should comprehensively consider the entire national standard system of social responsibility, especially the basic national standards for social responsibility. Since the development of third-party e-commerce trading platforms will continue to change with the development of modern information technology, the specific social responsibility issues described in this standard are by no means static and will continue to develop and change in the future to adapt to the needs of the continuous development and change of the social responsibility practices of third-party e-commerce trading platforms.
1 Scope
Third-party e-commerce trading platforms
Social responsibility implementation guidelines
GB/T39626-—2020
This standard provides a detailed and progressive guide for third-party e-commerce trading platforms when applying basic social responsibility national standards such as GB/T36000, aiming to help third-party e-commerce trading platforms achieve higher corporate social value on the basis of complying with laws, regulations and basic ethical norms, and maximize their commitment to sustainable development. This standard applies to third-party e-commerce trading platforms that provide business-to-consumer e-commerce model services, regardless of the size of the platform and the nature of the platform operator. When third-party e-commerce trading platforms provide or include other e-commerce model services, this standard can also be used as a reference.
Note: The business-to-consumer e-commerce model is referred to as B2C (business to consumer). When applying this standard to other e-commerce models such as B2B (business to business), C2C (consumer to consumer), etc., it is recommended that platform enterprises fully consider their actual conditions and conditions such as their own scale and nature. This standard is not applicable for certification purposes.
2 Normative references
The following documents are essential for the application of this document. For all dated references, only the dated version applies to this document. For all undated references, the latest version (including all amendments) applies to this document. GB/T36000
Guidelines for Social Responsibility (GB/I36000-2015.1ISO26000:2010, MOD) GB/T36001 Guidelines for Writing Social Responsibility Reports GB/T36002 Guidelines for Classification of Social Responsibility Performance GB/T39604 Requirements and Guidelines for the Use of Social Responsibility Management Systems 3 Terms and Definitions
Terms and definitions defined in GB/T36000, GB/T36001 and GB/T36002 and the following terms and definitions apply to this document. 3.1
Third-party e-commerce trading platformthirdpartye-commercetradingplatform is an information network system based on the Internet, operated by the platform operator (3.2), and acting as a third party to provide comprehensive services such as online business venues, transaction matching, information release, etc. for independent online commodity (or service) trading activities between platform merchants (3.3) and platform consumers (3.4).
Note 1: In practice, there are many titles related to this term, and they are constantly evolving with the development of the e-commerce industry and people's deepening understanding, including: commercial Internet information services, online trading platforms, e-commerce trading platforms, network trading platforms, third-party e-commerce service platforms, online retail third-party platforms, third-party trading platforms, e-commerce platforms, etc. It is worth noting that this term is specially defined based on the needs of standard technical content, and is not completely consistent with the above titles. Note 2: Since the third-party e-commerce trading platform itself is a comprehensive service platform integrating multiple functions, the legal relationship between it and the relevant entities in the platform is not single and fixed, and needs to be specifically identified in specific circumstances depending on the different services it provides. For example, when the platform conducts self-operated business, its identity is both a platform operator (3.2) It is also a platform merchant (3.3). As a platform merchant (3.3), the legal relationship between it and the platform consumer (3.4) is a sales contract: 1
GB/T39626—2020
When the platform carries out targeted seller recommendation activities such as bidding ranking and homepage display for platform merchants (3.3), the legal relationship between it and the platform merchants (3.3) and platform consumers (3.4) is a third-party intermediary contract. When the platform provides relevant technical support such as member registration, electronic signature, security authentication and data privacy for all parties to the transaction, it is a third-party technical service contract.
Note 3: The online commodity (or service) transaction activities here only refer to the business-to-consumer e-commerce model (abbreviated as B2C: business to consumer). At this time, the "enterprise" is the platform merchant (3.3), and the "consumer" is the platform consumer (3.4) Note 4: For the sake of convenience, unless otherwise specified, third-party e-commerce transaction platforms are referred to as platforms. 3.2
Platform operator platformoperator
A legal person who has registered as a relevant market entity in accordance with the law, obtained administrative approval and has a business license, and manages and operates a third-party e-commerce trading platform (3.1) on the Internet.
Note 1: When a platform conducts self-operated business, its identity is both a platform operator and a platform merchant (3.3). Note 2: The platform operator in this standard refers only to the "e-commerce platform operator" with legal person status as described in the "E-commerce Law". For "e-commerce platform operators" without legal person status, they can refer to this standard to carry out relevant practical activities. 3.3
Platform merchants platformmerchants
Individuals or organizations that sell goods or services to platform consumers (3.4) in the network space of the rented third-party e-commerce trading platform (3.1)
Note 1: When the platform conducts self-operated business, its identity is both a platform operator (3.2) and a platform merchant. Note 2: Platform merchants can also be called "platform operators", which has the same meaning as the "platform operators" described in the "E-commerce Law". 3.4
Platform consumer platformconsumerwww.bzxz.net
An individual or organization that purchases goods (or services) sold by platform merchants (3.3) on a third-party e-commerce trading platform (3.1) for the purpose of consumption.
4 General Provisions
4.1 Common Basic Standards for Social Responsibility
In order to commit to sustainable development, organizations should be responsible for the impact (both positive and negative) of their decisions and activities on society and the environment. To this end, organizations should promote positive impacts to the greatest extent possible and avoid or reduce negative impacts. GB/T36000 is the most common basic standard in the field of social responsibility, which stipulates unified definitions of social responsibility and related important terms, basic principles of social responsibility, social responsibility themes and related issues, and basic implementation of social responsibility. Practice and general practical methods for integrating social responsibility into organizations. This standard is crucial for a comprehensive and in-depth understanding of the concept of social responsibility and its basic principles, especially for the implementation of social responsibility practices.
Organizations should always bear in mind and strictly follow the social responsibility principles described in GB/T36000, identify stakeholders and promote stakeholder participation, and start from the core themes of social responsibility described in GB/T36000 to identify and determine the important and relevant social responsibility issues of the organization, so that they can be properly handled in corporate decision-making and activities (including the supply chain). The social responsibility principles described in GB/T36000 include both general principles and seven principles, as well as the relevant principles described in the core themes. In accordance with the requirements of the general principles of social responsibility, when organizations carry out social responsibility practices, they should Fully consider the diversity of society, environment, law, culture, politics and organization, as well as the differences in economic conditions, while respecting international norms of behavior. The seven principles of social responsibility include responsibility, transparency, ethical behavior, respect for the interests of stakeholders, respect for the rule of law, respect for international norms of behavior, and respect for human rights. For detailed guidance on the principles of social responsibility, please refer to GB/T36000.
The seven core themes of social responsibility described in GB/T36000 reflect the basic vision of viewing and dealing with organizational social responsibility in seven dimensions in a global unified manner. The seven core themes of social responsibility include: organizational governance, human rights, labor practices, environment, fair operations, consumer issues, community participation and development. The social responsibility of all organizations involves each of the above social responsibility themes, but not every topic described in each theme: social responsibility topics will not only vary from industry to industry and enterprise to enterprise, but will also continue to develop and change with the changes of the times. For detailed guidance on the core themes of social responsibility and related issues, please refer to GB/T36000. 4.2 General practice methods of social responsibility
4.2.1 Basic practice of social responsibility
GB/T36000 provides general guidance on social responsibility practice methods for all organizations. The general guidance includes the following two parts:
Basic practice of social responsibility, namely social responsibility identification, identification and participation of stakeholders. It runs through all the social responsibility practice activities of all organizations and is the basis for carrying out social responsibility practice activities. 1. Integrate social responsibility into the entire organization. Organizations can carry out social responsibility practices based on existing systems, policies, structures and networks, and integrate social responsibility into their operating methods. GB/T36001 provides all organizations with general guidance on the preparation of social responsibility reports to help organizations achieve good communication with stakeholders through the preparation and publication of social responsibility reports. GB/T36002 provides all organizations with general guidance on the classification of social responsibility performance to help organizations further develop social responsibility performance indicators suitable for their own needs to study and carry out social responsibility performance evaluation. The social responsibility practice of organizations is not a new activity. The existing management practices of organizations have been targeted at specific issues of organizations from certain specific aspects (such as network security, quality, environmental management, occupational health and safety, energy, legal risks, compliance, human resources, etc.). Since most of these issues involve the impact of organizations on society and the environment, they are closely related to social responsibility, and some of them are even part of the social responsibility themes and issues of organizations. Therefore, these management practices constitute an important foundation for the social responsibility practice of organizations. Relying on the existing management practices of organizations, especially based on the existing management system platforms, is not a realistic, efficient and low-cost practice method. How to fully and effectively use the existing management system platform to carry out social responsibility practices, organizations can refer to the relevant guidelines given in GB/T39653. 4.2.2 Social Responsibility Management System Practice
GB/T39604 specifies the general social responsibility management system requirements and provides a guide for its use. Organizations can establish and maintain their social responsibility management systems by implementing GB/T39604 to prevent and control adverse impacts on society and the environment, promote beneficial impacts, and actively improve their social responsibility performance so as to better fulfill their social responsibilities. Since GB/T39604, under the unified and standardized ISO management system standard requirements, is based on the idea of ??management system integration and integration, and from the perspective of top-level governance, other related management systems (such as quality, environment, occupational health and safety, energy, food safety, intellectual property, anti-failure, compliance, information security and other management systems) are regarded as a systematic "process" within the social responsibility management system, the organization's social responsibility management system practice can help it make full use of the existing management system platform and related management practices, and more effectively respond to related social and environmental impacts (including risks and opportunities).
4.3 Basic characteristics of platform social responsibility
The platform industry is a relatively special industry. Its industry specificity makes platform social responsibility have significant industry characteristics, which are mainly reflected in the following aspects:
The platform is The vast number of platform merchants and consumers as well as platform operators provide a common and unique online business social ecological environment and business operation space. Platform merchants and platform consumers may come from any country and region around the world, and their decisions and activities within the platform are all independent. It will have an impact (positive impact and negative impact) on the platform network's commercial social ecological environment, and may even overflow the network boundary and be projected into the real society, having a significant impact on the real social ecological environment. These impacts include not only social responsibility issues that are unique to the Internet business society, but also social responsibility issues that are common to the Internet and real society but are amplified (or aggravated) by network factors GB/T39626—2020
; It will not only affect the countries and regions where the platform operates, but may also cross national boundaries and affect any region in the world. All this makes the social responsibility practice of the platform have unique characteristics of the online business society from the beginning to the end. It is necessary to correctly understand and deeply understand the nature of social responsibility in the online business society from the top level of platform governance, and to responsibly manage and control the impact of the platform to promote The healthy, orderly and sustainable development of platform business network society. Protecting the rights and interests of platform consumers is a legal obligation that platform operators and platform merchants must fulfill, and is an important issue that needs to be paid attention to in the practice of platform social responsibility. As an indispensable and important part of the social ecological environment of platform network business, platform consumers are the basis for the survival and development of the platform. The protection of their rights and interests is not only related to the interests of the platform consumers themselves, but also related to the platform's brand reputation and market competition. force. Different from the real society, the protection of rights and interests of platform consumers has more distinctive characteristics of online business society:
The platform-based online business model has brought unusual business competition, including competition between platforms, platform merchants Competition between platforms, competition between platform operators and other platform merchants when operating on their own, etc. These competitions have distinctive characteristics of online business society. If they are not regulated and guided, unfair and unfair vicious competition will intensify, which will not only damage the rights and interests of platform consumers, but also damage the entire platform online business social ecology. The environment is completely disordered and deteriorated, thus hindering the healthy and sustainable development of the platform industry
Intellectual property protection is an important issue that needs to be paid attention to in the practice of platform social responsibility. In the platform network commercial operation space, the phenomenon of intellectual property infringement has brought unprecedented challenges to the healthy development of the platform, both in depth and breadth. This challenge has distinctive characteristics of online business society and is closely connected with the platform operation model. Facing this challenge requires not only the supervision of law enforcement agencies and the strict governance of platform operators, but also the joint participation, support and cooperation of all parties on the platform. With the rapid development of the platform industry, the amount of logistics packaging materials used for platform products has increased. The sharp increase in the number of packaging materials has also brought a huge amount of packaging material waste, causing significant environmental pressure. Actively promoting the conservation, recovery and recycling of logistics packaging materials is the unshirkable responsibility of platform operators and the joint responsibility of all parties on the platform. The online business operation space provided by the platform has created a new online business format, whether it is the platform itself, It is also the platform merchants, and even the industrial chain formed around the platform including logistics and distribution, platform network system development and maintenance, online payment, etc., provides people with huge entrepreneurship and employment opportunities. This new entrepreneurship and employment opportunity not only benefits groups of different ages, genders, economic and cultural status, but also benefits disadvantaged groups with disabilities, people in remote and underdeveloped areas, etc. It plays a significant role and significance in promoting community development. We are committed to To become a socially responsible organization, the platform's social responsibility practice should focus on the following aspects: strengthening platform governance and ensuring that social responsibility is integrated into the platform's strategy, values, culture, rules, systems and procedures; 1. strengthening platform network security construction, Provide a safe online transaction environment and services for platform merchants and platform consumers; strengthen the standardized management of online business operation order, protect intellectual property rights, guide and promote healthy and fair competition within the platform; give full play to the advantages of the platform industry, promote entrepreneurship and employment, Contribute to community development; first, promote all parties on the platform and its industrial chain to strengthen environmental protection awareness and promote the conservation, recovery and recycling of logistics packaging materials.
4.4 Platform Stakeholders
The platform’s stakeholders may include (but are not limited to) the following parties: regulatory authorities:
a platform owner, shareholder, employee, etc.; — One platform merchant;
One platform consumer;
Note: platform consumers may cross national boundaries and come from the global one platform online community (such as: related online forums; platform product evaluation, discussion and exchange areas, etc. ); Platform industry chain and supply chain (such as: platform technical support and services, logistics and after-sales services, platform transaction payment, telecommunications and network 4
services, etc.);
Note: Platform industry chain and supply chains may cross national borders. One platform peer organizations and industry organizations:
media, relevant academic institutions and civil organizations, etc.; - environment;
the wider society.
5 Specific Platform Social Responsibility Issues and Implementation Suggestions 5.1 General Principles
GB/T39626--2020
Platform social responsibility practices should be based on the general basic standards for social responsibility described in 4.1 and 4.2 The general practice method of social responsibility described above serves as its technical basis, including the social responsibility themes and issues given in GB/T36000 and its related action suggestions. In order to avoid duplication, these general technical contents will not be elaborated in this chapter. This chapter only stipulates specific issues of platform social responsibility and its implementation suggestions. They are further refinements or supplements to the social responsibility themes and issues described in GB/T36000 and their related action recommendations in the platform industry, and are not intended to replace GB/T36000. It should be noted that in practice, platforms should take both into consideration. In order to ensure that the guidelines are more targeted and operable, this chapter does not strictly follow the classification and order of social responsibility themes and issues in GB/T36000. Specific issues of social responsibility. For these specific issues, some may involve one or more social responsibility themes and issues of GB/T36000; some may have the same name as the social responsibility issues of GB/T36000, but have been further refined or combined with the actual situation of the platform industry. In addition,
specific issues of platform social responsibility mainly include (but are not limited to): platform governance;
- platform consumer rights protection;
—fair competition;
Intellectual property protection;
Saving, recycling and recycling of logistics packaging materials; Promoting entrepreneurship and employment.
5.2 Specific issues of platform social responsibility
5.2.1 Specific issue 1: Platform governance
5.2.1.1 Issue description
Organizational governance is one of the core themes of organizational social responsibility (See 7.2 in GB/T36000-2015). In the platform industry, in addition to the content described in 7.2 of GB/T36000-2015, platform governance is an issue that is closely related to this topic and its issues and has distinctive industry characteristics.
Because the platform is not only a basic technical network system and comprehensive service system established, managed and maintained by the platform operator to support the normal, orderly, safe and efficient development of e-commerce transaction activities, but also a platform merchant (including Platform operator’s self-operated part), platform consumers, third-party payment, logistics carriers, etc. are a common space for business activities such as displaying products, selecting products, conducting product transactions, paying for goods, and selecting logistics and distribution services. Therefore, whether it is Whether it is denotation or connotation, the concept of platform governance has gone far beyond general organizational governance. It includes not only the usual organizational governance connotations within the platform operator, but also the broader governance of all activities within the platform based on contractual relationships and legal obligations.
Good platform governance is the basic guarantee to ensure the normal and orderly operation of the platform. It is in line with the common interests of platform operators and all stakeholders within the platform. It is also crucial to promoting the overall healthy and orderly development of the platform industry. Good platform governance is not only the 5
GB/T39626-2020
responsibility of platform operators, but also the common responsibility of all platform stakeholders. In addition to the usual organizational governance content, platform governance also Including the following aspects (but not limited to): platform social responsibility strategy, values ??and culture; platform governance rules, systems and procedures;
The contractual relationship between parties within a platform and the platform; Legality within a platform Sexual review and supervision. 5.2.1.2Implementation Suggestions
Relevant actions and social expectations include:
Establish platform values ????committed to sustainable development, formulate platform social responsibility strategies, strengthen platform social responsibility management, and cultivate platform social responsibility culture.
Based on the principles of "justice, fairness and openness", establish and improve platform rules, systems and procedures, including (but not limited to): 2)
a) User registration system; ||tt| |Platform transaction rules;
Information disclosure and review system;
Privacy and trade secret protection system;G
Consumer rights protection system;
Advertisement review system ;
Transaction security and data backup system; Dispute resolution mechanism;
Bad information and spam reporting and handling mechanism: Transaction credit evaluation system;
j)
k ) Laws and regulations stipulate other systems and procedures that should be established. Draw the attention of platform merchants and platform consumers to the platform's rules, systems and procedures in a conspicuous manner, and facilitate reading and saving. 3)
Review the legality of the identities of all parties within the platform in accordance with the law, and supervise and manage all activities within the platform in accordance with the law to ensure that they comply with laws and regulations. For the following relevant information of the platform operator, it shall be continuously disclosed or provided with a link logo in a prominent position on the platform homepage in accordance with the law and updated in a timely manner 5)
Business license, organization code certificate and tax registration certificate and Various business licenses; a)
Internet information service license registration or electronic verification mark that has been filed; b)
business address, postal code, phone number and email address and other contact information and legal documents Delivery address; c
Contact information of regulatory authorities or consumer complaint agencies; e) Other information that should be disclosed according to laws and regulations, etc. 6) For platform merchants’ business license information, administrative licensing information related to their business operations, information that does not require market entity registration according to legal provisions, etc., continue to publish or provide link logos in prominent positions on the platform merchants’ homepage in accordance with the law and update them in a timely manner. .
7) Ensure that the number, professional quality and capabilities of platform management personnel, technical personnel and customer service personnel, as well as the platform's software and hardware facilities and systems, should be compatible with the platform's business and scale. Platform systems (including auxiliary service systems) should operate safely in accordance with the relevant regulations and requirements of the national information security level protection system to ensure information security to ensure that transactions can be carried out safely, reliably and normally. Deal with platform security incidents in a timely manner, set up an off-site disaster backup system, and establish a disaster recovery system and emergency plan 8)
Properly record and save the product and service information and transaction information published on the platform, and take relevant measures to ensure data security Complete9)
sex, accuracy, security, confidentiality and availability, as well as the authenticity of the original data. When feasible, the information can be backed up off-site through an independent data service agency, and external query, download or printing services can be provided. 10) Based on the principle of "openness, transparency and equal consultation", stakeholders are encouraged to actively participate in the formulation of platform rules, Fully consider the views and opinions of interested parties. | |tt | , third-party payment, logistics carrier, etc.), take necessary measures to protect the legitimate rights and interests of relevant parties within the platform.
12) Do not use service agreements, transaction rules, technology and other means to impose unreasonable restrictions on transactions and transaction prices within the platform, attach unreasonable conditions or charge unreasonable fees. 13) For illegal activities discovered by the platform, actively report them to relevant departments and take timely measures to stop them. If necessary, we can stop providing platform services to them.
14) Actively support and cooperate with regulatory authorities to supervise, inspect and investigate illegal activities that occur on the platform. 15) Do not send commercial messages to anyone in any way (such as email, text messages, etc.) without their consent or request, or without their explicit rejection.
16) Register all parties entering the platform (such as platform merchants, third-party payment providers, logistics carriers, etc.), establish registration files, and regularly verify and update them. The file information should be true and comprehensive, and the file retention time should comply with legal regulations. 17) Platform operators should sign service contracts with platform merchants to clarify the rights and obligations of both parties, liability for breach of contract, dispute resolution, platform access and exit, product quality and safety assurance, consumer rights protection, handling of bad information, etc. 18) Platform operators should sign a service contract with platform consumers to clarify the rights and obligations of both parties, liability for breach of contract, dispute resolution, personal information protection, transaction security, etc. 19) Strengthen the supervision and management of contracts between all parties within the platform (such as platform operators, platform merchants, platform consumers, third-party payment, logistics carriers, etc.) to ensure that the rights and interests of all parties are protected in accordance with the law. 5.2.2 Specific Topic 2: Protection of Consumer Rights and Interests on Platforms 5.2.2.1 Topic Description
Consumer issues are one of the core themes of organizational social responsibility (see 7.7 in GB/T36000-2015). In the platform industry, in addition to the content described in 7.7 of GB/T36000-2015, the protection of platform consumer rights is closely related to this topic and its issues and has distinctive industry characteristics.
In the platform, behaviors that harm the rights and interests of platform consumers mainly include (but are not limited to) the following aspects: 1) Right to know. Platform consumers mainly understand product and service information through indirect means such as pictures and text descriptions, and rely heavily on the virtual Internet to complete the entire transaction process. This model makes consumers' right to know more vulnerable to infringement. Relevant rights infringements include (but are not limited to):
False and missing product information. For marketing purposes, under the cover of the virtual nature of online transactions, platform merchants may take advantage of information asymmetry to provide false information or hide real information that is not conducive to product sales, thereby misleading or even defrauding platform consumers into making wrong purchases. decision making. False advertising is rampant on the Internet. Platform merchants may take advantage of the low cost and convenience of the Internet to publish massive online false advertisements in every corner of cyberspace to lure platform consumers into consumption. The main manifestations of falseness include: forging the place of origin, exaggerating the efficacy of products, making false service promises, etc. In addition to seriously damaging the platform consumers' right to know, these advertisements, especially spam advertising emails, also greatly consume and occupy valuable network resources. 2) The right to fair dealing. Relevant damages to rights and interests include (but are not limited to): issues related to format contracts. In the virtual cyberspace environment, there are many hidden dangers in format contracts that may be maliciously exploited by platform merchants to harm the fair transaction rights of platform consumers, such as intentionally blurring fonts, not formatting according to reading habits, using extremely small fonts, etc. And mislead platform consumers, making them unable to truly, comprehensively and accurately understand the content of the contract in a short period of time, thereby ignoring and being unable to discover the mitigation or exemption clauses of platform merchants hidden in the contract for their own responsibilities, as well as unreasonable contracts Drug Violation Liability Clause G
GB/T39626—2020
Risk of product return and exchange. The following factors make the right of return and exchange of platform consumers even more fragile and difficult to protect: There are multiple entities such as platform merchants, third-party payment companies, and logistics carriers in the platform transaction process, which makes the identification of the responsible party for product defects extremely problematic. Uncertainty: Return and exchange transportation cost issues: It is difficult to implement the return and exchange process for digital products that are obviously easy to copy (such as game points, etc.). 3) Security rights. The security rights of platform consumers have been given a broader connotation, including: 1. Electronic payment security. The security of online electronic payment is relative, and there will also be certain security risks. The main manifestations are: computers, mobile phones and other electronic equipment, software and network systems are susceptible to infection and attack by viruses, Trojans and other related security risks, resulting in Payment system failure will cause property losses to platform consumers; deficiencies in risk management and control of third-party payment platforms will also bring certain financial security risks and network privacy security. On the platform, infringement of the privacy rights of platform consumers mainly manifests itself in the illegal use of personal information and the destruction of personal information security. Examples of illegal use of platform consumers' personal information include leaking platform consumers' personal privacy information such as phone numbers, addresses, and hobbies, or even selling consumers' personal privacy information for illegal gains. 5.2.2.2Implementation recommendations
Relevant actions and social expectations include:
1) Platform merchants should disclose product or service information comprehensively, truly, accurately and timely to protect platform consumers' right to know and choose, Do not conduct false or misleading commercial promotions by means of fictitious transactions or fabricated user reviews to deceive and mislead consumers. 2) Platform merchants should draw platform consumers’ attention to the bundled goods or services in a conspicuous manner, but they cannot use tying as a default consent option.
Platform operators, platform merchants, third-party payment platforms, logistics carriers and other parties should fulfill their legal obligations for information disclosure in accordance with the law to protect the right to know of platform consumers. 3)
Information disclosure should be proactive, complete in content, and in a specific manner suitable for the online platform. All parties within the platform should abide by relevant laws, regulations and platform advertising rules to send advertisements to platform consumers, and jointly combat false 4
advertising.
5) The platform should strictly supervise and control the legal use of standard contract specifications within the platform, and ensure that the standard terms draw the attention of platform consumers in a conspicuous manner to the following key information (but not limited to): price or fee, performance period and methods, safety precautions and risk warnings, after-sales service, civil liability, etc.
6) Platform merchants should clearly, comprehensively and clearly inform platform consumers of the steps, precautions, download methods and other matters for entering into a contract: and Ensure that it can be read and downloaded conveniently and completely, and that users can correct input errors before submitting an order. 7
Platform merchants should provide platform consumers with optional logistics delivery methods and delivery time limits for delivering goods, as well as invoices and electronic vouchers, in accordance with the law, and deliver goods in a timely manner according to the agreed time and method. Logistics carrier service providers should abide by laws and regulations, and ensure that goods are delivered to platform consumers in a timely, safe and accurate manner according to the service specifications and time limits they have promised. Platform operators should encourage and promote green and low-carbon transportation and warehousing of platform logistics carriers through platform governance rules and relevant policies. 9) Platform merchants shall not make unfair and unreasonable provisions that exclude or limit the rights of platform consumers, reduce or exempt themselves from responsibilities, or increase the responsibilities of platform consumers through format terms, notices, statements, announcements, etc., and shall not Utilize format clauses and resort to technical means to force transactions.
10) Establish and improve the return, exchange and deposit refund mechanism for platform consumers, and protect the rights of platform consumers to return, exchange and deposit refunds in accordance with the law. 11) Strengthen the management of third-party payment platforms, clarify the electronic payment security obligations of third-party payment platforms, banks and other institutions, and the specific distribution of responsibilities between third-party payment platforms, banks and other institutions, and stipulate corresponding liability for compensation after damage is caused to ensure electronic payment Security 12) Third-party electronic payment service providers should: Inform platform consumers of the functions, usage methods, precautions, related risks and charging standards of electronic payment services in accordance with the law; and do not attach any unreasonable transaction conditions to the electronic payment services provided. ; 1. When providing electronic payment services, ensure the integrity, consistency, traceability and auditability of electronic payment instructions and their non-tamperability; 8
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